NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22034
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The discipline of Track Foreman C. 0. Thompson for alleged
'violation of Rule G' was capricious, arbitrary, without just and
sufficient cause and on the basis of unproven charges (System File A-9279).
(2) The claimant's personal record be cleared of the charge
placed against him and reimbursement be made for all wage loss suffered
from April 23, 1976 to May 17, 1976, all in accordance with Rule 91(b)(6)
of Article 11."
OPINION OF BOARD: The Claimant was disciplined for violating Rule G.
He was dismissed from the service of the Carrier
April 22, 1976. The Carrier restored the Claimant to service May 17, 1976.
Rule G prohibits the use or possession of intoxicants or
narcotics by the Claimant.
The evidence is clear and convincing that the Claimant consumed
intoxicants and caused the same to be present at locations where he was
assigned.
The discipline assessed by the Carrier actually amounted to
less than a 30 day suspension. Based on all of the circumstances involved
in this case, the discipline assessed is certainly not excessive.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
Award Number 21828 Page 2
Docket Number MW-22034
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ~~ -'
Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1978.
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